Last Updated: January 5, 2026
These Terms of Use (“Terms”) govern access to and use of the RecruitTune software platform and related services (the “Service”) operated by RecruitTune (“Company,” “we,” or “us”). The Service is intended for use by employers, recruiters, and HR professionals (“Employers”) and by individuals invited by Employers to complete assessments (“Candidates”).By accessing or using the Service, including by clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility and AcceptanceThe Service is available only to individuals who are 18 years of age or older.Candidates may access the Service only through a one-time link provided by an Employer and must affirmatively accept these Terms prior to beginning any assessment.
2. Service Description and LimitationsThe Service provides non-clinical, non-diagnostic, decision-support assessments generated using public-domain personality items mapped to job-related factors.The Service:Does not make hiring, promotion, termination, or compensation decisionsDoes not provide automated employment decisionsDoes not provide medical, psychological, or clinical evaluationsDoes not guarantee job performance, hiring success, or predictive validityMandatory human review is required. Employers agree that assessment results may not be used as the sole basis for any employment decision, including hiring or rejection.False positives and false negatives may occur.
3. Employer ObligationsEmployers are solely responsible for:How the Service is configured and usedAll hiring and employment decisionsCompliance with all applicable employment, labor, anti-discrimination, and privacy lawsProviding legally required notices to CandidatesEmployers acknowledge that they are the data controller of Candidate data and assessment results.Employers are solely responsible for compliance with New York City Local Law 144, including but not limited to bias audits, applicant notices, disclosures, postings, recordkeeping, and engagement of independent auditors. The Company does not certify or guarantee NYC Local Law 144 compliance.
4. Candidate AcknowledgmentsCandidates acknowledge and agree that:Their responses will be reviewed and used by the Employer to inform employment decisionsThe Employer, not the Company, controls all hiring decisionsAssessment results may negatively impact employment opportunitiesThe Service is not a test of intelligence, mental health, or medical conditionCandidates waive, to the maximum extent permitted by law, any claims against the Company arising from employment decisions made by an Employer based on use of the Service.
5. Data Ownership and UseAs between the parties:Employers own all Candidate data, assessment responses, and resultsThe Company retains ownership of the Service, scoring logic, mappings, reports, and platformEmployers grant the Company a limited, non-exclusive license to process data solely to operate, maintain, improve, and analyze the Service, including using aggregated or de-identified data for validation and benchmarking.Candidates must submit data access or deletion requests through the Employer.
6. Compliance DisclaimerThe Service is not represented or warranted to ensure compliance with:Title VII or UGESPADA or similar disability lawsNYC Local Law 144EU AI ActAny other employment or AI-related regulationAny compliance materials provided are informational only and do not constitute legal advice. Employers bear sole responsibility for lawful use of the Service.
7. Intellectual PropertyAssessment items may include public-domain content. However, the selection, assembly, mapping, scoring, weighting, reporting, and outputs are proprietary to the Company.Users may not reverse engineer, replicate, or extract assessment logic or use outputs to create competing products.
8. Payment and Commercial TermsFees, usage limits, and payment terms are set forth in an applicable order form or subscription agreement incorporated by reference.Trials or pilot programs may be subject to additional limitations and disclaimers.
9. TerminationThe Company may suspend or terminate access for misuse, legal risk, or breach of these Terms.Upon termination, all licenses granted herein cease, except as required for data retention obligations.
10. Disclaimer of WarrantiesTHE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW:THE COMPANY SHALL HAVE NO LIABILITY FOR EMPLOYMENT DECISIONSTHE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGESTHE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY THE EMPLOYER IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. IndemnificationEmployers agree to indemnify, defend, and hold harmless the Company from claims arising from misuse of the Service, employment decisions, or regulatory violations.
13. Arbitration and Class Action WaiverAll disputes shall be resolved by binding arbitration under AAA rules, seated in Delaware.This provision applies to Employers and Candidates. You waive the right to a jury trial and participation in class or representative actions.
14. Governing LawThese Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
15. Changes to TermsWe may update these Terms from time to time. Continued use of the Service constitutes acceptance of the revised Terms.
16. ContactRecruitTune513 Central Ave, 3rd FloorSarasota, FL 34236legal@recruittune.ai
